Summary of a Recent
Judicial Development in
Environmental Law

Simple Economic Injury Is Not Enough to Establish Standing

Eric H. Foy
National AgLaw Center Research Associate

Summary of Decision

In Nature's Trees, Inc. v. County of Nassau, 293 A.D.2d 544 (N.Y. App. Div. 2002), the New York Supreme Court, Appellate Division reversed the judgment of the Supreme Court for Nassau County, which had granted the petition of a registered commercial pesticide business. The business filed the instant action challenging Nassau County Local Law No. 41-2000. It alleged that the local law was null and void because Nassau County failed to comply with the requirements of the State Environmental Quality Review Act (SEQRA). The instant court held that the business lacked standing because it did not meet its burden of showing that it suffered an environmental injury different from that of the public at large. It also reviewed the requirements for adoption of the local law in ECL 33-1004, which required a hearing prior to adoption.

Background

On August 21, 2000, the Environmental Conservation Law was amended to implement the Neighbor Notification Law, relating to the commercial and residential lawn application of pesticides. Id. at 545. On November 29, 2000, after a public hearing, the Nassau County Legislature adopted Local Law No. 41-2000, and the County Executive approved it on December 28, 2000. Id. Thereafter, the commercial pesticide business sought a declaratory judgment to nullify local law alleging that "the County of Suffolk failed to comply with the procedural and substantive requirements of [SEQRA] before its adoption." Id. The Supreme Court for Nassau County "granted the petition and annulled the enactment of Local Law No. 41-2000," holding that Nassau County had to comply with the SEQRA in adopting local law. Id.

Arguments

The petitioner argued that the local law "should be declared null and void because the County of Nassau failed to comply with the procedural and substantive requirements of [the SEQRA] before its adoption." Id.

Analysis and Holdings

To establish standing, the petitioner needed to show that it suffered some sort of injury in fact. Id. at 546. Because it "failed to meet [its] burden of demonstrating that [it had] suffered an environmental injury that [was] in some way different from that of the public at large," the instant court held that the petitioner lacked standing to bring the action. Id. It was clear to the court that the petitioner only suffered economic injury, which was not sufficient to establish standing. Id.

Additionally, the court stated that the legislature "clearly and unambiguously set forth the requirements for adoption of the statute in ECL 33-1004, the enabling law"; therefore, "ECL 33-1004solely require[d] a public hearing and adoption of the provisions of the law in their entirety." Id. The Supreme Court for Nassau County had erred in requiring additional measures. Id.

The case was decided on April 8, 2002.